Gambee v. Gambee
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Millard F. Gambee and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Seneca on the 21st day of May, 1895, upon the decision of the court rendered after a trial at the Seneca Special Term setting aside a deed made by Joseph B. Gambee, deceased, to the appellant Millard F. Gambee, upon the ground that the execution thereof was procured through fraud and undue influence…
Read the full summary
Appeal by the defendants, Millard F. Gambee and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Seneca on the 21st day of May, 1895, upon the decision of the court rendered after a trial at the Seneca Special Term setting aside a deed made by Joseph B. Gambee, deceased, to the appellant Millard F. Gambee, upon the ground that the execution thereof was procured through fraud and undue influence imposed upon the said grantor.
1Opinion of the Court
Adams, J.:
The plaintiffs bring this action to set aside a deed executed by Joseph B. Gambee to his son, the defendant Millard F. Gambee, *447upon the ground that, at the time of its execution, the grantor was mentally incompetent to execute a conveyance of his property, and that while in this condition he was unduly influenced by the grantee.
Upon the trial, Susan A. Dey, a daughter of the grantor, was sworn as a witness in behalf of her co-plaintiffs, and testified to an interview between her father and mother, and to certain acts and declarations of the former, which tended to prove a very…
2Cases cited4 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- In Re the Probate of the Last Will & Testament of EysamanNew York Court of Appeals · 1889
- Simmons v. . SissonNew York Court of Appeals · 1863
- Eckert v. EckertAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- State Bank of Wheatland v. Bagley Bros.Wyoming Supreme Court · 1932
- Holland v. HollandAppellate Division of the Supreme Court of the State of New York · 1904
- Leary v. CorvinNew York Supreme Court · 1899